Texas county faces lawsuit from nation’s largest homebuilder over infrastructure costs

Homebuilding giant D.R. Horton has sued Rockwall County, Texas, escalating a dispute that could set a pivotal precedent for who pays to expand infrastructure in some of the state’s fastest-growing regions. The lawsuit comes after local officials sought to make the developer shoulder millions of dollars in costs for roads, utilities, and emergency services tied to a major new subdivision.

At the heart of the clash is River Rock Trails, a planned 418-home community on 85 acres in unincorporated southern Rockwall County—just outside the Dallas-Fort Worth area, where growth has surged. County leaders insist developers should pay a fair share to help expand services like roads, water lines, and police coverage that new residents will inevitably need. They argue that without such contributions, longtime taxpayers would end up footing the bill.

In February, Rockwall County adopted stricter rules requiring developers to fund portions of 16 types of infrastructure. By December, officials had calculated D.R. Horton’s expected share, including roughly $339,000 to improve Farm-to-Market Road 548 near the project site.

D.R. Horton pushed back on paying the full slate of costs. The company countered with an offer: it would pay for road upgrades and add about $529,000 to help hire two sheriff’s deputies. The county initially rejected the compromise. By the time officials reversed course and tried to accept the limited offer, D.R. Horton had already withdrawn it, frustrated that its earlier proposal had been rejected.

In June, D.R. Horton and landowner DMDS Land Co. filed suit, claiming Rockwall County imposed “unreasonable and disproportionate” fees that violated their property rights under Texas law. They’re seeking damages and legal costs, while also challenging the county’s authority to demand extensive developer payments.

The showdown highlights a broader tension across Texas. As booming suburbs push new subdivisions beyond city limits, local governments are grappling with how to fund the infrastructure to support them. One common tool is the use of municipal utility districts (MUDs), which levy extra property taxes on homeowners in new developments to repay bonds for water and sewer systems. River Rock Trails has a MUD in place for those basics—but county roads and public safety often require separate arrangements.

Recent shifts in state law have further complicated matters. Texas Senate Bill 2038, passed in 2023, made it easier for landowners to remove properties from a city’s extraterritorial jurisdiction (ETJ). That move lets developers avoid city annexation and the stricter regulations or fees that typically accompany it, pushing more responsibility onto counties that historically had limited planning powers.

Rockwall County Judge Frank New has defended the county’s push for developer contributions, warning that without them, existing residents would effectively subsidize large private projects. “We welcome growth, but not at the expense of people who’ve lived here for years,” New said in a recent statement.

The stakes are significant for both sides. D.R. Horton, the nation’s top homebuilder by volume with nearly $37 billion in 2024 revenue, has extensive holdings in North Texas. A favorable ruling could encourage similar large-scale developments outside city oversight. For Rockwall County, the case could determine how aggressively local governments can require developers to offset the costs of rapid growth.

For now, construction on River Rock Trails is on hold pending the court battle, leaving developers, county officials, and other fast-growing Texas communities watching closely. As suburbs keep expanding into once-rural territory, the outcome may help define who ultimately pays to build the roads, extend utilities, and bolster public safety.